Why you Might Consider Mediating your Divorce

Many couples in the Charlotte area will use mediation to resolve their divorce or family law matter.

Mediation is a confidential process. The two parties to divorce meet with another person, usually an attorney or someone with other expertise, to try to resolve any custody, property division or other divorce-related legal issues.

The third party, or mediator, attempts to help the spouses negotiate. The mediator is not the decision-maker, although they may try to persuade either side to continue working out differences.

If the couple does agree, the mediator may help them write out the details of their agreement.

The process is voluntary. If the spouses try in good faith to negotiate, they may break off negotiations at any time and continue to prepare for a court hearing.

There are several good reasons for trying the mediation process:

• In custody cases, most North Carolina couples will be required to try mediation before going to court for a contested custody hearing.
• While mediation does cost money, it frequently costs much less than going through a lengthy case and court hearing.
• Many people find it also saves time and stress to mediate their disputes.
• Those who work with children find that parents who can politely work their disputes out make the divorce easier on their children.
• There is always some level or risk in going to court that the judge will issue a disappointing decision. Mediation gives both sides a level of control over what their future will look like after a divorce.

While it is not right for every case, mediation can be a good alternative

Mediation is not appropriate for every case.

To give just a couple of examples, courts will excuse people from required mediation if they are the victim of domestic violence or if there is a history of serious mental illness or addiction.

Still, it may amaze people how mediation can work even when a divorce seems contentious.  Those in the Charlotte area should at least consider it as an alternative since it may have advantages for them.